South Carolina Child Injury Lawyer Blog

In the wake of the elementary school shooting in Newtown, Connecticut that claimed 26 lives, 20 of which were young children, a South Carolina teen was arrested for having a stash of weapons in his car on school property.

While this incident is untimely and presumptive conclusions can be immediately drawn about the student's motive to have the weapons in his possession on school property, given the Nation's (understandable) hyper-attention to gun control, school shootings, and overall school safety. Your lawyers in Charleston at Howell and Christmas, LLC want to emphasize that investigators, as well as the Pickens County School District, have expressly stated that there is no indication that the student had any plans to carry out an attack, or posed any threat to the school's student body and faculty.

The 17-year-old junior at Easley High School had a loaded .22-caliber revolver, nine knives, two axes, a stun gun, handcuffs, and more than 200 rounds of ammunition in his car at the time of discovery. None of the ammunition, shotgun shells and rifle and handgun rounds, matched the guns were the student's car, according to Easley police. Prior to the teen’s arrest, a concerned student notified school workers of the weapons.

Continue reading "South Carolina High School Student Arrested After Several Weapons Discovered On School Property" »

It most likely isn't a parent's primary concern when purchasing a new television set, and may only arise as a secondary thought, but a new study by the Consumer Product Safety Commission (CPSC) has drawn attention the risk falling televisions and furniture pose to small children. It certainly has caught the attention of your Charleston, SC lawyers at Howell and Christmas, LLC.

The Chairman of the CPSC, Inez Tenenbaum, noted in a CNN video interview that falling televisions and the furniture upon which they sit are a "severe hidden hazard in home." And the some startling statistics support that contention; between 2000 and 2011 there were 206 child deaths due to TVs and furniture falling on children. In just the past three years there have been 13,800 ER visits from toppling TVs.

The Chairman further stated that, ideally, TVs should be wall-mounted so children do not have access to the freestanding television, and also so children cannot climb on potentially unstable furniture supporting the TV. Granted, this safety measure applies only to more modern, flat-screen television sets that can be wall-mounted.

Continue reading "CPSC Study Warns Parents of Potential Dangers Posed by Toppling Televisions" »

As members and residents of the Mt. Pleasant community, your personal injury attorneys at Howell and Christmas, LLC are highly interested when the Town's Council entertains the idea of enacting a ban on texting while driving; a topic that has been a major point of discussion on both the South Carolina Injury Lawyer Blog and the Child Injury Blog. (See "More Blog Posts" below to read those previous posts).

Early in November the South's Oldest Daily Newspaper, the Post and Courier, published a brief article concerning the potential ban on texting while driving in the Town of Mt. Pleasant. To summarize many a concerned citizen's thoughts on texting while driving, Town Councilwoman Thomasena Stokes-Marshall was quoted saying, "[t]here are an increasing number of people who are texting behind the wheel, particularly younger drivers who not only are putting themselves at risk but also putting at others at risk." The risk, of course, the Councilwoman is speaking of are serious auto accidents.

Continue reading "Town of Mt. Pleasant Considers Texting While Driving Ban" »

It has been quite some time since your Charleston, SC attorneys have posted to the South Carolina Child Injury Blog, and your South Carolina lawyers sincerely apologize for the lack of continuous content. With that being said, there is a highly interesting wrongful death lawsuit that has just been filed against the California-based Monster Energy Drink Company.

The suit was filed in the Superior Court of the State of California, for the County of Riverside, by the parents of a deceased 14-year-old girl who died in December of last year. The personal injury attorney representing the parents said the teenager "died of caffeine toxicity in the setting of a cardiac arrhythmia," according to a Maryland news article. The family's attorney also noted the teen had an underlying mild heart condition that affects around 10 percent of the population.

Prior to the teen's unfortunate and untimely death she consumed two 24-ounce Monster energy drinks in a period of less than 24 hours. The family's products liability lawyer noted that with the teen's underlying heart condition, drinking highly-caffeinated beverages like Monster is similar to "pouring gasoline on a fire," according to the same above-mentioned news source.

Continue reading "Family Files Wrongful Death Lawsuit Against Energy Drink Company" »

If you receive the Howell and Christmas, LLC monthly newsletter, you may have read an article in May's publication that focuses on "Distracted Driving." In that article your Charleston car accident lawyer briefly notes several smartphone applications (better known as "apps") that are intended to help drivers steer away from cell phone distractions in the car. Today your Charleston, SC attorneys became aware of a similar app developed specifically for parents to monitor their teenagers' smartphones while driving. SecuraFone, as it's called, is designed to alert parents via text message if their child is driving on roads they are not allowed, if they are speeding, and is also supposed to keep teens from using their smartphones while behind the wheel. In addition, the app enables parents to establish virtual borders and/or speed alerts that inform parents when set limits are reached/exceeded by their teen.

It comes as no surprise to your lawyers in Charleston that an app such as SecuraFone, and others like it, has hit the smartphone market, especially when considering the striking statistics associated with teens and driving. Teens are shown to be the most likely drivers to be involved in a car accident, and oftentimes these accidents can be attributed to unsafe distracted driving practices such as using a cell phone. Further, 31 percent of teens ages 14 to 17 own a smartphone. Thus, products like SecuraFone appear to be a potential solution to curbing the number of distracted teen driving accidents; granted these types of apps and digital products perform to their producers' claims. Please note that your South Carolina injury lawyers at Howell and Christmas, LLC have not used this application and do not adopt of the aforementioned claims. Rather, your lawyers are guardedly optimistic that such products can improve the safety of South Carolina roadways.

Distracted driving has become the latest hot button issue in negative behind the wheel behavior, replacing drunk driving as the foremost traffic safety concern on roadways today. So much so that AAA Carolinas' Foundation for Traffic Safety and the South Carolina Broadcasters Association have been running television commercials in which real life teen victims of distracted driving share their unfortunate stories. These public service announcements are apart of a major educational campaign to heighten awareness of how distracted driving inhibits the ability to drive safely, regardless of how confidant the driver feels multi-tasking behind the wheel.

Continue reading "Smartphone App and Educational Initiative Aim to Curb Teen Distracted Driving" »

While the days of pharmacists actually producing most of the medications we take are over, some dosage forms can only be made in pharmacies. This is especially true for liquid medications, when pharmacists have to prepare IV bags or make the liquid equivalent of a drug that usually comes in pill or capsule form. Such reconstituting can be error-prone, and pharmacists who mix or compound medication incorrectly can be liable for negligence, possibly even when a pharmacy technician incorrectly types information into a field on a screen. And, thus, when medical and pharmacy errors stemming from health information technology end up causing patient injuries and death, the entire system of digital medical communications is called into question.

For example, just last week a Chicago area hospital, Advocate Lutheran General Hospital, agreed to pay $8.25 million to settle a wrongful death lawsuit brought against it by the parents of an infant boy who died after a series of medical errors initially triggered by an incorrectly compounded IV bag. The boy was born four months premature in 2010 and remained in the hospital's care for the next six weeks. Then, suddenly, the infant boy died after coming out of a heart operation without any clear complications from the operation itself.

The hospital determined that a pharmacy technician unwittingly entered information into a computer program when processing an electronic IV order for the infant, resulting in a massive sodium chloride overdose in the bag’s solution. The infant received 60 times the amount of sodium chloride prescribed by a physician. It was also found that the automated alerts in the IV compounding machine responsible for identifying such problems were not activated at the time when the customized bag was prepared for the infant. Additionally, the hospital discovered that the outermost label on the IV bag did not accurately reflect the compound's actual contents, and when a blood test on the infant showed an abnormally high level of sodium, a lab technician mistook the reading for an inaccuracy.

Continue reading "Pharmacy Error Leads to Series of Medical Miscues, Wrongful Infant Death and Criticism of Health Information Systems " »

In general, when it comes to medical malpractice, most people think of lawsuits against doctors, surgeons, and hospitals accused of providing improper, or negligent, medical care. But most do not consider a significant health service provider that is crucial to a patient's overall health and care—the pharmacist. Like any medical service provider, pharmacists have an important duty to ensure each and every patient receives the correct medications and is thoroughly informed on proper use of the prescribed drugs. All the information on a drug's potential side effects and interactions with other medications, as well as access to the patient's complete treatment history, essentially makes the pharmacist is the last of defense in making sure a prescription drug is administered safely and correctly.

Two recent lawsuits in Washington State allege that a pharmacy administered dosages of prescription seizure medication that were well in excess of their normal amount, putting two children in danger of losing their lives. According to one of the lawsuits, the pharmacy allegedly dispensed the medication in a single pre-filled syringe, eight times stronger than prescribed to the now 13-year-old boy. After taking the medication, the boy, significantly overdosed, became dizzy and unresponsive. He spent four days in the hospital hallucinating, according to his mother, who was terrified the incident may have residual damages to her son's overall health.

In 2011 the boy's prescription was changed to pills as opposed to the previously prescribed injections, but again, using the same pharmacy, he was administered the wrong dosage. This time receiving 600 mg pills when prescribed 300 mg pills. The family's suit claims this particular pharmacy "poses an imminent public health danger by repeatedly mis-filing prescriptions."

Continue reading "Charleston Accident Lawyers at Howell and Christmas, LLC Discuss Pharmacy Errors" »

Your Charleston personal injury attorney recently read a study in the Journal of the American Academy of Pediatrics entitled "Incidence and Cost of Injury Among Young in Agricultural Settings, United States, 2001-2006." The study has some startling findings regarding not only the prevalence of child injury and death on farms, but also the monetary costs attached to those nonfatal and fatal injuries. The study is far removed from idyllic image that first comes to mind of kids frolicking freely in open pastures, spreading feed for chickens, or riding shotgun to "Pa" on a horse-drawn buggy as they take their most recent harvest to market. Contrary to conventional thinking, and certainly surprising, a vast majority agricultural injuries and deaths were not work related.

In fact, according to the study, many of the non-work related and nonfatal injuries could happen anywhere and are not necessarily linked to farm activity. They included falls, accidents with all terrain vehicles (ATVs) or other vehicles, assault, and suicide attempts. Nonetheless, there are more hazards, particularly for kids, in an agricultural or farm environment, considering the various types of machinery around, as well as animals. The study found that the common identified causes of fatal injuries were machine accidents and fires or explosions.

According to the U.S. Centers for Disease Control and Prevention, about one million children live on farms. The agency also lists accidents with tractors and other machinery, motor vehicles, and drowning as the leading causes of fatal farm injuries to people under the age of 20. In Fall 2011, the U.S. Department of Labor put forward new regulations that would bar teens under 16 from driving tractors, ATVs, riding mowers, and other machinery, as well as working around animals. However, the federal government is reworking these regulations after criticism from farmers and educators who noted these directives would bar teens from learning many crucial skills necessary for the successful, and safe, running of a farm. Also, and as mentioned earlier, these regulations are geared toward youngsters working in an agricultural setting, which is not the source of the majority of child injuries and deaths.

Continue reading "Study Reveals Interesting Findings Concerning Prevalence and Costs of Child Injury and Death in Agricultural Settings" »

Your Charleston personal injury lawyers at Howell and Christmas, LLC recently read a very interesting case decided outside the State of South Carolina, and thought a brief synopsis of the case would be a nice change of pace for our blog's readers. The suit illustrates that civil claims against states and state agencies requires a statutory duty owed to the injured party for the action to be enforceable in tort. And exemplifies that negligence is a breach of duty owed to one, and absent that duty, there can be no negligence.

A five-year-old kindergarten student suffered a serious allergic reaction after eating a peanut butter sandwich given to her under her school's free lunch program. On the day the incident occurred, the young student went to school without a packed lunch or sufficient funds in her cafeteria to purchase lunch. In these instances, the elementary school she attended would serve students a "credit lunch" of either a bologna or peanut butter sandwich. These lunches were subsidized by federal funds administered by the State of Maryland (State) under the National School Lunch Act (NSLA). On the day the student went to school lunchless and with insufficient funds, a cafeteria worker gave her a peanut butter sandwich. Upon resisting to eating the sandwich, and informing the worker she was not allowed to have peanut butter, the student was ordered to eat the sandwich as her protests were mistook for misbehavior by the cafeteria worker.

Immediately the student began experiencing an anaphylactic reaction: her airway and eyelids began to swell, and she became lethargic and confused. After being taken to the school nurse and administered a dose of epinephrine, the student's mother picked her up and took her to the hospital. The episode caused the student to "experience symptoms of extreme psychological perturbation and post-traumatic distress," exhibit "regressive behavior such as thumb sucking and withdrawal" and, ultimately, a fear of attending school.

The student's mother (Petitioner) brought suit against the State, the Maryland State Department of Education (MSDE), and the State Superintendent of Schools (collectively Respondents), as well as county-level education agencies, officials, and three unnamed cafeteria workers. Petitioner asserted a variety of claims against the county-level defendants, who eventually settled, but her suit against Respondents included only a single claim. Petitioner alleged that the Respondent's obligations under NSLA imposed a statutory duty of care to ensure that children with food allergies are not served lunches containing allergens. The State moved to dismiss the complaint, contending that because their role under NSLA is limited to monetary reimbursement and periodic monitoring they were not proper parties to the action. This contention specified that it is actually the local school boards who operate the lunch program within their districts. Also, Respondents moved to dismiss on the ground of governmental immunity.

Continue reading "Child's Food Allergy Gives Rise to Civil Action, But Can the State be Held Liable for School Lunches Containing Allergens? " »

At the beginning of last week the South's Oldest Daily Newspaper, the Post and Courier, brought a major safety concern to the attention of your Charleston lawyers at Howell and Christmas, LLC. The concern is the controversial issue of "bed-sharing", particularly when parents share a bed with their infant children. There are documented horror stories of good intentioned parents allowing infants into their bed and accidentally rolling over on top of them, suffocating the young child, and leading to an unfortunate wrongful child death. However, some advocates say the practice of bed-sharing can strengthen the bond between parent and child, facilitate breast-feeding, and offers a solution to sleepless nights.

Solid state statistics on how this practice has affected South Carolina families are not easy to come by, as the South Carolina Department of Health and Environmental Control doesn't specifically track infant deaths due to infants sharing a bed and sleeping with parents. But county coroners do indicate when an infant’s cause of death is due to bed-sharing, using the indicator "co-sleeping." According to the Charleston County Coroner's Office, at least three infants died while sharing a bed with a parent.

Also, the Charleston County Coroner's Office, having tracked the number of bed-sharing incidents since the mid-1990s, has taken the initiative to educate area parents on the issue. The office attends local baby fairs and warns that the practice is especially dangerous to infants younger than three months because of their inability to lift their heads. The Charleston County Chief Deputy Coroner has even written a book on the issue for other coroners, feeling there is great need to educate officials and the public alike to help prevent child injury and death.

Continue reading "National Attention to 'Bed-Sharing' Catches the Eye of Your Charleston Child Injury Attorneys" »

This past Friday your attorneys in Charleston at Howell and Christmas, LLC read a release from the U.S. Consumer Product Safety Commission (CPSC) that seemed particularly pertinent to share. In cooperation with Triple Eight Distribution, Inc., the CPSC has issued a voluntary recall of multi-purpose bicycle helmets for children and youth because of the product's risk of causing a serious head injury to its young user. The Triple Eight helmets have been sold at bicycle and sports shops and other retailers across the United States and online from August 2006 through November 2011 for around $40.

According to the CPSC release, product testing of the helmet revealed that these Triple Eight helmets do not comply with CPSC safety standards for impact resistance. Thus, in the event of fall from a bicycle, skateboard, rollerblades, etc. the young wearer could suffer from a serious head injury. Although no incidents have been reported, it is good that the CPSC has taken preemptive action to take this product off the market.

If you have purchased one of these Triple Eight helmets for your child it is important to stop your child from using the product and contact Triple Eight for a full refund. You can contact Triple Eight toll free at (888) 548-8518 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.triple8.com.

Continue reading "Kids' Bicycle Helmets Recalled By Consumer Product Safety Commission" »

With Halloween weekend fast approaching, your Charleston accident attorneys at Howell ad Christmas, LLC thought it appropriate to share with our Child Injury Lawyer Blog readers some simple safety tips for parents that will help prevent child injuries. It is a little known fact that Halloween is one of the top holidays that result in pediatric emergency room visits, making these quick tips even more important.

Children under the age of 12 should always (emphasis added) have an accompanying adult when Trick-or-Treating, and if your children are old enough to go out by themselves, advise your ghouls and goblins to stick together in a group and travel on populated and familiar streets, staying on sidewalks, obeying traffic signals and only crossing the street at designated crosswalks. Also, it is a good idea, if your children are going out by themselves to have them take a cell phone in case of an emergency and a flashlight for increased visibility on dark streets and sidewalks. Street side safety is of particular importance because, according to U.S. Centers for Disease Control and Prevention (CDCP), children are four times more likely to be in a pedestrian car accident on Halloween than on any other night of the year.

It is of high importance to advise your youngsters to only approach homes that appear friendly to Trick-or-Treaters and are well lit. Also, children should never go enter a home they approach, and always remain outside when collecting their treats. While youngsters may be afraid of other monsters, ghouls, and goblins on Halloween, there remains the very real threat of unwholesome strangers.

In regards to costumes, parents should ensure their child’s costume is flame-retardant, bright colored (or glows in the dark, or has reflective strips), and is of appropriate length to prevent trips and falls. Accessories such as swords, knives, and wands should be made of soft and flexible material without sharp edges to prevent serious injuries in the event a quarrel arises between a young Pirate and a little Musketeer over a cute Snow White. Researchers from the CDCP warn that eye trauma from sharp objects and serious burn injuries from flammable costumes are common occurrences on Halloween.

Continue reading "Halloween Safety Tips from Your Attorneys in Charleston" »

In a couple of earlier entries your Charleston child injury lawyers have discussed the serious dangers of leaving children alone in the car during the hot summer months. The earliest post covered the sad circumstance when parents simply forget they have the kids in the car, as well as organizations trying to gain awareness to this very real possibility. And at the end of July, there was an entry posted concerning the legal ramifications and criminal charges for those parents, guardians, and caretakers who intentionally leave their kids in the car while they run errands, or do some other activity. Most recently, your experienced attorneys at Howell and Christmas, LLC came across a story that falls somewhere in between the previous two entries.

According to the Post and Courier, prosecutors in Columbia determined there was not enough evidence to charge the father of 9-month-old baby boy who died after being left in a hot car for four hours outside an apartment complex on Father's Day. According to the report, the National Weather Service said the high temperature that day was 98 degrees.

As it was mentioned in the first post covering kids and hot cars, last year there were 49 instances of children dying from being left in a car, and after a bit of research, there have been 22 cases this year. While many parents or guardians may read or hear about these instances and think they are clear cut cases of gross negligence, the fact is that these unfortunate, serious accidents can happen to even the best parents. Think for a moment how often you have forgotten your cell phone, wallet, or other personal item in the car, not to say that a child can be compared to these "things," but the point is that the modern parent has so much on their mind that it becomes easy to be forgetful.

Continue reading "Father of Infant Left in Hot Car Not Charged, Viral Backlash Ensues " »

About a month ago, your Charleston personal injury lawyers discussed an awful accident involving a children's ride in Spartanburg's Cleveland Park. In March of this year a miniature train derailed and flipped into a ditch, and according to authorities, excessive speed was to blame for the accident that killed a 6-year-old boy and injured 28 others. This serious accident has prompted the South Carolina Labor Department to take a hard look at how our State's amusement rides are inspected, especially considering the State's safety inspector responsible for checking the ride admitted after the crash that he had falsified the report to approve the ride for operation because a dead battery prevented him from testing the ride. The weekend after the safety inspector cleared the ride that he never tested; it opened, derailed, and crashed on its first day of operation, the rest is horrific history. It should be noted that this particular inspector, in his more than three years of work, issued only a single violation.

Beginning September 1, 2011, the Department of Labor's Licensing and Regulation division will use outside contractors to review a multitude of amusement rides and thousands of elevators around the State. Of course, these outsourced inspectors are specially licensed to do such safety reviews and inspections. As it is now, inspections have been done by state employees, which translates to only one set of eyes looking over South Carolina's amusement rides and elevators. Authorities feel that having the outside contractors going behind the State's work will be beneficial in preventing, and hopefully one day eliminating, fatal accidents like the one in Spartanburg.

Continue reading "Miniature Train Accident Prompts South Carolina to Change Amusement Ride Inspections" »

Your Charleston child injury lawyers recently read an article that describes an incident involving large inflatable attractions, commonly referred to as "Jump Castles" or "Bounce Houses." These toys are popular and fun for kids, but can create headaches for states in terms of how to classify these products and how to regulate their use. It has come to the attention of your experienced lawyers at Howell and Christmas, LLC that these inflatable attractions can be dangerous to children if they are not properly installed and anchored to the ground, or if they are not diligently supervised by an operator.

A 2005 Consumer Product Safety Commission report linked the popularity of inflatable amusement products with an increasing number of injuries being received at emergency rooms between 1997 and 2004. The Commission, in its report, was able to identify 1,300 injuries in 1997 and 4,900 injuries in 2004, this being the most recent data available.

Furthermore, the Commission warns that operators of these products should strictly follow the manufacturer's requirements to securing and anchoring inflatables to the ground, as to prevent the inflatable from being blown away and causing serious injuries to children and/or parents. In addition, larger inflatables, such as slides, should have at least two operators keeping an eye on the attraction and its young users. The Commission strongly urges operators to pay special attention to weight limits, making sure they are not exceeded to prevent collapse of the attraction on users.

According to RideAccidents.com, a website that tracks amusement ride accidents, at least ten inflatable toy attractions have been toppled over by strong winds or have collapsed under exceeded weight limits in the last two months. These instances have caused over 40 people to be injured.

Continue reading "Incident Involving Run-Away Inflatable Attractions Initiates Discussion on Safety Concerns" »

In Friday's Post and Courier your Charleston child injury lawyers at Howell and Christmas, LLC read an article concerning an alleged child neglect incident that happened a week ago today. Last Tuesday afternoon, North Charleston police officers found a 9-year-old boy walking alone along the busy International Boulevard, according to the article. When police asked the youngster why he was by himself he responded by telling the officers that his mother had left him at the Walmart Supercenter on nearby Center Pointe Drive.

The boy also told officers he was making his way toward a library on Dorchester Road. When asked by police where he lived, he told the officers he lived in Dorchester Village, a mobile home park off of Dorchester Road. Then the officers kindly put the little guy in the back of their patrol car to give him a ride home.

Upon arriving to the 9-year-old boy's home, they found the mother lying on a couch. When the mother was first asked where the boy was, she said her son was at home. According to the police report, the officer "asked her to explain to [him] why [her son] was in the rear of [his] patrol car."

Continue reading "North Charleston Mother Accused of Child Neglect " »

Back in March of this year, your Charleston child injury and death attorneys remember hearing about, but not posting an entry on, a horrific accident involving a miniature train ride. The accident occurred in Spartanburg's Cleveland Park when the miniature train derailed and flipped into a ditch. Now, according to authorities, excessive speed was to blame for the accident that killed a 6-year-old boy and injured dozens of others.

Thanks to a video shot by one of the young passengers investigators were able to determine the mini train was traveling more than 20 mph, which is nearly three times the recommended speed for such a ride. One investigator and accident reconstruction specialist said, "Too Fast. That was the complete cause of the accident, just too fast."

But, the attorney for the train's operator says his client is not totally to blame for the fatal accident. According to the operator's attorney, the speedometer on the train wasn't working properly and his client was never informed that there was a maximum speed he was not to exceed, and for the cause of this accident to be solely operator error, his client would have had to do something he was told not to do. Furthermore, he claims the device intended to restrict the train to a safe speed was never set correctly.

Continue reading "New Developments in Spartanburg Miniature Train Accident that Killed One and Injured Dozens" »

The Charleston prescription drug injury lawyers found that according to a study conducted by the Medical University of South Carolina, doctors and pharmacists may be giving babies and toddlers overdoses of prescription painkillers, says an article in yesterday's Post and Courier. The research was done by the Division of General Pediatrics at MUSC, and they hope the study's findings will lead to more cautious and possibly automatic drug dispensing. The division will now study whether these overdoes led to any harm or serious child injuries.

The research, which was presented at the annual meeting of the Pediatric Academic Societies in Denver, studied South Carolina Medicaid records (from 2000 to 2006) of the top 19 narcotic-containing drugs prescribed to newborns up to age 3.

The findings were as follows. 4.1 percent of actual prescriptions were overdoses. About 40 percent of overdose prescriptions were dispensed to babies 2 months old and younger, and only 3 percent of prescriptions for children older than a year. Of all the overdose prescriptions, the amount of narcotic drug dispensed was an average of 42 percent more than expected.

The study assumed each child's weight was in the 97th percentile for his/her weight. The MUSC Division of General Pediatrics' research was done using a four-year, $508,000 federal grant from the Agency for Healthcare Research and Quality.

According to the Director of MUSC's Division of General Pediatrics, narcotics (codeine and hydrocodone) are prescribed to babies as a cough suppressant and painkiller, but these can be dangerous to youngsters because of their sedative effects. These effects increases the risk of dehydration because infants and toddler do not wake up enough to eat and drink while under the influence of these drugs. Severe side effects of narcotics on babies and toddler could lead to breathing problems and death.

Continue reading "MUSC Study Has Alarming Findings on Babies and Toddlers" »

Before getting into the details of the case, South Carolina child sexual abuse lawyers want to put out the bravery of the 10-year-old victim in this incident. Right after being molested she did exactly what any child should do after be sexually abused, she went to her mother and told her what happened.

Far too often children are afraid of reporting these gross incidents of child abuse to their parents or authorities, but because of this girls unflinching action her molester was quickly captured and put behind bars, preventing him from causing harm to other children in the community.

The attorneys at Howell and Christmas,LLC have children too, and know that in order to protect children and society at large, we must take action against those individuals that cause harm to children to recover compensation, medical treatment and all other damages from those who are responsible for a child's abuse and injury. By doing so, we can help children and their families get their lives back on track, compensate the injured child and their families for their losses and prevent future negligent behavior of wrongdoers that would otherwise continue to harm if they were not held accountable for their harmful conduct.

Continue reading "Walterboro Man Sentenced in Child Sexual Abuse Case" »

A 19-year-old Ridgeville woman and her boyfriend from Summerville have been charged with homicide by child abuse. Sadly, this is the second consecutive week that Charleston child injury lawyers have noted this type of cruel incident. Allegedly the woman struck her 16-month-old son because she thought the child was possessed, a more than strange assessment of her child. According to the Dorchester County Coroner's Office, the impact from the strike caused serious head injuries. The child had been rushed to MUSC on January 6, 2011, and died two days later. Doctors called the Dorchester County Sheriff's Office because the injuries were consistent with child abuse.

The woman has been behind bars since January 14, 2011, when she was arrested and charged with homicide by child abuse. Last week, a grand jury returned a direct indictment for the mother's 20-year-old boyfriend for the same charge. The boyfriend has been in jail since last Monday, when he turned himself in at the Dorchester County Detention Center.

Continue reading "Young Mother and Boyfriend Charged With Homicide by Child Abuse" »

In the following case, South Carolina child injury attorneys find that the South Carolina Department of Corrections failed to have any affect on a man who pleaded guilty 14 years ago to killing an infant. A 42-year-old Greer man has been charged with homicide by child abuse, for the second time, after his 5-month-old daughter died two Sundays ago.

Authorities didn't go into details about the death of the 5-month-old baby girl, but it was noted the cause of death was from serious head injuries. Regardless of the actual events that caused the injuries, this is the second time this man has been faced with the charge of homicide by child abuse. Prosecutors confirmed that he plead guilty in 1996 to the charge in the death of his 11-month-old daughter in Spartenburg County. He was sentenced to the minimum sentence of 20 years in prison and would have been eligible for parole after five years. No doubt prosecutors will be looking for a much harsher penalty if convicted for the second time.

Continue reading "Greer Man Held on Second Charge of Homicide by Child Abuse" »

Last weekend a serious auto accident involving a single vehicle killed a 16-year-old Charleston boy. The boy was a junior at Charleston's First Baptist School, located in historic downtown Charleston. The boy was travelling along Riverland Drive on James Island when the wreck occurred. Authorities say the young man's black 2000 Mercedes Benz overturned near George Griffth Boulevard around 7:30 p.m. last Sunday evening.

Charleston County Coroner said the high schooler died from severe injuries sustained from the accident around 11:30 p.m. that same night. Authorities also noted that the young man was not wearing his seat belt at the time of accident.

These types of incidents are extremely tragic, it is an unfortunate when a young person loses their life in a seemilngly preventable circumstance. Furthermore, the frequency at which fatal car accidents happen among teens is the most frightening aspect for many families, friends, and communities of teen drivers.

According to the Centers for Disease Control and Prevention motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than a third of the deaths in the age group. This next fact from the CDCP is almost unbelieveable, in 2009 eight teens ages 16-19 died every day from injuries sustained in car crashes. However, proper driver training and safe driving practices can help prevent fatal teen car accidents.

Continue reading "Teen Driver Dies After Single-Car Crash on James Island" »

As a sour economy causes a loss of jobs across South Carolina, the increase in joblessness causes a spike a child abuse. South Carolina child injury lawyers were immediately struck by this disturbing parallel reported by the Greenville News that cited a Boston University study.

In the study researchers examined 18 years of data and found that as the unemployment rate raises 1 percent, child mistreatment reports increase by at least .5 percent per 1,000 children. The data analyzed was collected from child mistreatment reports from the National Child Abuse and Neglect Data System along with data from the Current Population Survey from the Bureau of Labor Statistics on a statewide basis from 1990 to 2008, according to the study's abstract.

Over the last fiscal year, South Carolina's Department of Social Services investigated 19,000 cases of child abuse and neglect, an increase in close to 7 percent from the previous year. The number of proven cases of abuse in South Carolina rose 3 percent to nearly 7,000 cases.

Continue reading "South Carolina Child Abuse and Joblessness Have Direct Relationship" »

South Carolina personal injury lawyers at Howell and Christmas, LLC are experienced in cases dealing with dog bites and attacks, so this Darlington County incident bears extreme relevance to the firm. Just before the new year a seven-year-old was playing tag when he fell near a tree, while on the ground the dog attacked the boy causing injuries to his right cheek and left arm. According to the Darlington County Sheriff's Department the attack occurred in an area between the young boy's and the dog owner's home.

The owner of the dog was raking leaves when the attack occurred. The one-year-old pit bull named Keller was unchained at the time. Opposite the Sheriff's Department report, the owner insists the incident happened in his yard, also that Keller is not a vicious animal and was only protecting the property. Keller's owner explained that he is regretful the attack occurred, but also admitted that this is not the first case of the pit bull attacking a child, a similar incident took place a year earlier.

Continue reading "Darlington County Pit Bull Under Quarantine After Attacking Child" »

A 15-year-old girl has been placed with the Department of Social Services after a 32-year-old woman had been accused of attempting to trade the teenager for an undisclosed amount of crack cocaine.

The woman who tried to negotiate a swap of the teen for drugs is being held in the York County Jail. WBTV of Rock Hill reported that woman was officially charged with illegal neglect toward a child. According the police report, the 15-year-old girl told sheriff’s deputies she was punched while riding in a car with the above-mentioned woman from Chester to Lake Wylie. Also noted in the report, the officer who spoke with the girl found a plethora of severe injuries; scrapes on her hands, knees, and elbows, bruises on her arms and legs, a swelling left-eye, and a knot on the back of her head.

The girl was able to get in contact with the police through the wife of the man who was in negotiations for the teen. The wife had caught the man having an affair with the female trader, and after seeing the teen's injuries agreed to take her to the York County Sheriff's Office.

Continue reading "York County Woman Tries To Trade Teen" »

As parents, the experienced legal team of Howell and Christmas, LLC, took notice of the U.S. Consumer Product Safety Commission's announcement of a voluntary recall of an infant car seat made by Britax. The announcement was made by the Commission earlier this month and is due to the product's potential for laceration and choking hazards. The Chaperone infant car seats were sold at mass and independent retailers nationwide and on the Britax website from June 2009 to October 2010 for about $230.

The cause of four children's injuries and the reason for recall is the harness chest clip, which can break and pose a laceration hazard. There have been three reported cases that cited the chest clip as being the reason for lacerations and scratches to arms and a finger. Also, due to the small size the clip is a choking hazard. There was a single report of an infant placing the clip in his mouth.

Continue reading "Recall Alert: Car Seat May Pose Threat to Your Infant" »

While undergoing an angioplasty, a common procedure to improve blood flow by inflating a synthetic balloon to expand a blood vessel in the heart, a two-year-old boy lost brain functions and his ability to see, speak, and walk. South Carolina injury lawyers note that the cause of thechild's brain injuries and permanent loss of routine abilities was due to a blood vessel tearing. The tear occured on the right side of the child's heart that led to internal bleeding and ultimately the boy's disabilities.

Investigating the Seattle Children's hospital February surgery is Washington's Department of Health. The investigation started this past Tuesday, three months after the boy's family hired an experienced injury lawyer and sent a request to the state agency to look into the hospital and doctor's account of the operation.

Continue reading "South Carolina Injury Attorneys Take Note of a Child's Brain Injury Incurred at Seattle Hospital" »

Charleston Child Safety Attorneys would like to again remind the public of the dangers of leaving children or pets in the sweltering summer heat. As temperatures climb into the nineties and have heat indexes in the low to mid hundreds, a child sitting in the oven like temperatures of a car can quickly suffer from hyperthermia, which is a condition that results from the overheating of the body and can lead to death. While instances of children being left in hot cars are relatively frequent, the injury rate is thankfully pretty low. Still, the circumstances whereby these children are left can create a potential hazard for the parents as well as leaving the child in an extremely uncomfortable position

In Goose Creek, a 20-year old woman was charged with leaving her child in an overheated car for more than twenty three minutes while she shopped in a local Walmart. A passerby noticed the sweating and visibly discomforted child when she dropped her keys. The passerby was quoted as saying "I wouldn't even leave my dog in the car in those conditions, much less a child". The passerby responded quickly, taking down license plate information and giving it to Walmart Employees who announced it over the PA system. A crowd had gathered around the car at that time and had decided to open it by squeezing an arm through the window. The child was safely removed and put into an air conditioned car to cool off.

The woman returned a short while later and was identified when she squeezed through the crowd to unlock her vehicle. The police asked her to give a statement, to which she responded that she had run inside the Walmart to fill a prescription and was gone for only 10 minutes. Surveillance footage from the store put the number she was away closer to 23 minutes when it was reviewed. When the woman's possessions were searched, a glass smoking bowl was found. She was arrested and the Child was released to the custody of the mother's parents. The mother was released on bond over the weekend.

In cases like these, forgetfulness or a busy schedule is often blamed for why a person's illogical decision to endanger their child is made. It is important to always be mindful of the surroundings that one chooses to leave their child in.

Source: The Charleston Post and Courier, "Baby found in hot car; mom charged", Andy Paras, August 10th, 2010

We live in an age where good hygiene and healthy living are a near obsession. While much talk has been put forth about fixing the state of health care insurance, little attention has been given to the physical aspects of the industry.A recent report put out by the Food and Drug Administration suggests that problems inherent with medical devices and products combined with their misuse by medical professionals is causing harm to 70,000 children annually in the US. Specifically, these problems have been found in several areas, but those areas are ones that could possibly cause the greatest harm.

The most common injuries can result from common household items like contacts. If not kept properly clean, potentially debilitating eye infections can result. In other areas though, improper use of these products can cause great harm. Cited in the study as some of the most common problem areas found were "include puncture wounds from hypodermic needles breaking off in the skin while injecting medicine or illegal drugs; infections in young children with ear tubes; and skin tears from pelvic devices used during gynecological exams in teen girls." Unfamiliarity with the product being used by medical professionals could be one potential cause of injury in some of these cases. The study was the first ever to be conducted about the rate of device only injuries in Children.

The report cites particular concern with treatment that is administered at home, unsupervised by medical professionals. It states "The most serious problems involved implanted devices such as brain shunts for kids with hydrocephalus (water on the brain); chest catheters for cancer patients receiving chemotherapy at home; and insulin pumps for diabetics. Infections and overdoses are among problems associated with these devices." One of the doctors who reviewed the study had this to say "Health care providers need to be aware of these kids and their devices and how to recognize or diagnose" related problems, Krug said". Dr. Steven Krug, head of emergency medicine at Chicago's Children's Memorial Hospital. The researchers determined their findings by analyzing medical records from ER visits reported in a national injury surveillance system. They were able to estimate that 144,799 medical device-related complications occurred during 2004 and 2005, or more than 70,000 yearly.

Charleston Child Medical Malpractice Attorneys want to make the public aware of this study as it highlights potential dangers that could occur to a large segment of the population that is dealing with a loved one or dependent who is sick or injured. Proper education on the medical product being used and a good choice of competent medical personal will lower the risks involved for the caregivers.

Source: The State, "Medical device problems hurt 70,000+ kids annually",By Lindsey Tanner, July 27th, 2010

On a cold night in late December, a car carrying 4 teens was traveling at high speed down West Shiloh Unity Road in Lancaster, SC. The fatal car crash occurred after the car took a 45 MPH turn at speeds in excess of 119 Miles per hour. The car apparently went airborne, snapping a telephone pole and then came to rest approximately a football fields length away. During the crash, a 15-year old girl was killed after she was ejected from the car, this as a result of her seat belt not being properly fastened. The other two teens in the car were injured and the boy himself suffered severe head and neck injuries and underwent surgery at Carolinas Medical Center. The boy was charged with Reckless Homicide and a violation of Restricted License.

The crash occurred on Dec 29th, 2009 and investigators believe that the driver's inexperience and the high speed of the car were the primary factors involved in the incident. The driver, 16 had a restricted drivers permit. Under SC law, permit holders are only allowed to drive between 6 am and 6pm, carrying a maximum of two minors in the car. In the case of this crash, both of those restrictions were violated by the teen boy. The boy plead guilty to Reckless Homicide and Violation of a Restricted License. He will be evaluated by the Department of Juvenile Justice and then be sentenced. He will lose his Driver's License for a duration of 5 years and will be under house arrest, monitored by an electronic bracelet. After sentencing he could also serve time with the Department of Juvenile Justice until he is 21.

Excessive speed and the inexperience of young drivers are often cited factors in fatal crashes. The National Highway Transportation Safety Administration states that almost 32% of crashes are caused by drivers aged 21 and younger. A Key factor in this case was the apparent ignorance of the boy's parents of his whereabouts the night of the crash. Charleston child injury lawyers want to urge the public to pay special care to their child's behavior and activities when they are just learning to operate a motor vehicles.

Sources: The State, " Lancaster teen pleads guilty in death of girl, 15" Kimberly Dick, The Rock Hill Herald

The National Highway Transportation Safety Administration

In a case that both shocks and startles, A Moncks Corner man is accused of death by child abuse when he allegedly refused to allow his 2 year old son to receive medical treatment when a complication developed. The man and his girlfriend then allegedly placed the boy in a trashcan and filled the trashcan with cement. They then left the trashcan behind an abandoned mobile home in Walterboro, SC. Investigators said that the cause of death was as yet undetermined but there was strong evidence of foul play, due to statements about the boy being abused in the past. The man then allegedly fabricated a story about the boy falling over the seawall at the Battery and being lost in the sea. The subsequent search cost Charleston County man-hours and funds looking for the lost child. Charleston child injury lawyers urge the public to report any incidents of child abuse they come in contact with to Law Enforcement immediately.

Officers investigating the incident, report that the boy had been staying with his father for summer. The Arrest Affidavit states that “the boy died from injuries and/or physical distress" around June 6 while he was in the girlfriend’s care at her Summerville home. The father was away from home when the girlfriend contacted him about "an ongoing medical issue with the child." He allegedly ordered her not to seek medical help for his son and, upon returning home, he refused to take action himself to save the boy”. The fabricated report of the boy falling into Charleston Harbor occurred when the boy’s mother was on his way down to see him.

The pair is being held on a $250,000 dollar bail while investigators work to build a case against them. Forensic specialists took apart the concrete filled trashcan and have begun to exhume the body. Investigators are also going through medical records at MUSC where the boy had been apparently treated several times. As to the severity of the case, a neighbor was quoted as saying “it's a crying shame,” There is no need to kill a 2-year-old child. No need whatsoever."

The Child Abuse and Neglect Data System reports that each year, an estimated 1,760 children die from child abuse; often at the hands of someone they know. In terms of Vulnerability, Children between the ages of 1-3 years of age make up 33.7% of all reported child fatalities.

Sources: The Post and Courier, “Officials: Father let boy die Sheriff says body then encased in Concrete in trash can”, July 9, 2010

The Child Abuse and Neglect Data System

Charleston Child Injury Attorneys want to remind the public to watch their children and exercise good sense when leaving children unattended in vehicles as temperatures soar during the hottest months of summer. A 35-year old Charleston Woman was charged with Unlawful Conduct towards a child when she left her infant inside a car parked on King Street while she shopped.

A passerby noticed the infant inside the vehicle and went into a nearby store to find the driver. The temperatures reported that day were 88 degrees with a heat index of 105 degrees at the time. Unable to find the driver, the store clerks alerted the Police and were attempting to get into the car when Charleston Police arrived. The woman returned a short while later and was taken into custody. She claimed that she had picked up the infant earlier in the day and had forgotten that the child was in the car.

Leaving a child or pet in an hot vehicle can induce Hyperthermia, or the overheating of the body. Even left for a couple of minutes can bring on a rapid rise in core temperature than can be fatal for a young child. Parents should be especially vigilant during summer months when the heat and daily tasks can be especially distracting. A study published by the San Fransisco State University put the number of fatalities from being left in an overheated car between 1998-2010 at 465.

Charleston Child Sexual Abuse Attorneys advise and want to make the public aware about a particularly disturbing story. A Charleston man has been accused of fondling a 19-month old infant, photographing the acts and then sending the photos to his brother in Virginia. The man, an organist at a local church, sent the photos to his brother, a 25-year old York County, VA man, who subsequently distributed the photos to a woman in Calgary, Canada. This woman, disturbed by the image, contacted The Royal Canadian Mounted Police, who act as Canada's domestic police force. From there the RCMP made the necessary calls to US police agencies which were quickly able to make the necessary charges on first the man's brother and then the Charleston man.

Law Enforcement served a warrant to the man's home and arrested him on the charges of second-degree sexual exploitation of a minor and lewd act on a minor. The man's lawyer requested a low bail of $10,000 but the Judge upon reviewing the charges stated ""I don't think I've ever dealt with a child that young being fondled. And I'm very concerned about that." Bail was set at $100,000 and the man was then detained at the Charleston County Detention Center. The man's brother is being charged with in York County, VA on four child pornography-related charges.

The trafficking of Child Pornography is a crime that perpetrated mainly by means of file sharing and transferal over the Internet. The National Center for Missing and Exploited Children reports that those who engage in the exploitation of these children and the sharing of these photos are overwhelmingly White, non married, middle aged males. South Carolina Child Injury Lawyers urge anyone who has come into contact with such explicit material or have been harmed by this material to contact Law enforcement personnel immediately.

Sources: The Charleston Post and Courier, "Local man accused of distributing child porn"
Police: Pictures show suspect fondling 19-month-old", Andy Paras, July 5th, 2010

The National Center for Missing and Exploited Children

Charleston Child Accident lawyers urge the public to be aware of how a particularly vicious case of child abuse was brought to justice. A 20-year old Dorchester County man recieved an 20 years in prison for his brutal attack on two young children. The man was found guilty of stomping on the genital areas of two children, ages 5 and 6.

The man was arrested on May 13,2008 by Dorchester County Law Enforcement. The children's grandmother had made the police aware of what had happened. The man pleaded guilty to pleaded guilty to two counts of assault and battery of a high and aggravated nature, and one count of infliction of great bodily injury upon a child. In addition to his time in prison, he will be placed on the Child abuse registry and forced to register as a sex offender.

In speaking after the trial, First Circuit Assistant Solicitor Jean Popowski thanked the law enforcement officers and "the brave young victims who had the courage and willingness to testify against their abuser." Charleston area Child Abuse attorneys commend the work of both Law Enforcement professionals in bringing this case to conclusion.

Source: The Post and Courier, "Man gets 20 years in child abuse case", August 5th, 2009

Charleston Child Injury Attorneys want to remind all pool owners and operators of the potential safety hazards that arise every summer in the Low Country. In Darlington, SC a teenager died and another child was injured while swimming in a public pool.

The Children were playing at the Darlington City Pool when lifeguards cleared the pool due to weather-related concerns. After the accident occured, both children were rushed to the Hospital for treatment. Sadly, one teen was declared dead.The other child is still being treated for his injuries.

An estimated 5,000 children, ages 14 and under are hospitalized due to water immersion and drowning-related causes each year. Proper prevention techniques like careful pool maintenance and supervision of one's children during playtime can help save lives.

Source: The Charleston Post and Courier, "1 dead, 1 Hurt in Pool Accident" May 31st, 2010

Charleston child injury attorneys report that a Summerville man suspected of child assault has turned himself in to the police. The suspect is accused of sexually assaulting a 9-year-old girl over an extended period of time. The accused, a 40 year-old man, was charged for the alleged sexual assault to a minor on March 6 and was supposed to turn himself in, but he did not.

When he turned himself in he had multiple charges awaiting his arrival. He has been charged with two counts of first-degree criminal sexual conduct with a minor and committing a lewd act upon a child under the age of 16 years old, Summerville Police Captain Jon Rogers told journalists.

The charges against the suspect were filed after the young girl told a classmate about the suspect’s inappropriate touching. The classmate told her parents who then emailed the school’s guidance counselor. The guidance counselor immediately had the student come in for a counseling session, where the counselor got the child to admit to the alleged sexual assault.

The 9-year-old girl told the counselor the abuse took place when she was left alone with the suspect and had been occurring from August 2009 until late February 2010. After the counseling session with the young girl, the counselor contacted the Police. The Police immediately filed charges against the man demanding him to turn himself in. The suspect did not turn himself in until Wednesday, March 17, twelve days after his warrant was issued.

Source: The Post and Courier- “Child assault suspect turns himself in.” March 18, 2010.

South Carolina child death lawyers advise state citizens and locals to demand their representatives to install the Child Death Review board in their local community. A child's death is traumatizing for the family and heartbreaking for the community. Many times these deaths could have been easily prevented. In order to make proactive changes many states and local communities have formed a Child Death Review system that will help pinpoint changes parents, guardians, and members of the community can make to prevent future child fatalities.

In 1978 a multi-agency review of unexplained child deaths began in Los Angeles, California. In 1997 there were multi-disciplinary teams in all 50 states, including the District of Columbia, that investigated children deaths. Typically these teams included a coroner, social services, law enforcement, medical representatives, child protective services, and mental health.

Today some states have expanded their multi-disciplinary teams from the original statewide team. These states have formed the teams that work within a community and then report their findings to the state multi-disciplinary team. The state team serves as a data collection team that reviews information and then suggests new legislation to state representatives and areas for law enforcement to focus on. This system has proven to work best because it is unrealistic for a state team to conduct a thorough investigation of all child deaths throughout the entire state. Local teams vary due to county population size and city population size. Sometimes one team will oversee multiple counties, as well as multiple teams may be needed for large counties.

These teams have been proven to be effective, because they can spend more time conducting a detailed investigation of the death of a child than law enforcement can. These findings are then are reviewed and transformed into precautionary tips that are released to the community. Child fatalities are typically preventable and the team's tips remind locals of easy precautions they can take that can save a child's life. If your community does not have a Child Death Review system currently in action write your local representatives and request them to look into the system.

Source: Injury Prevention Web-AInjury Prevention Policy- "Child Death Review and Injury Prevention."March 23, 2010.